Webster v. Seven-Up Bottling Co.

Mr. Chiee Justice Prewitt

delivered the opinion of the Court.

This is a workmen’s compensation case which resulted in a dismissal by the trial judge.

The employer and its insurance carrier dispute the claim contending the accident arose out of wilful misconduct outside of his employment, and these plaintiffs seek a declaration of the rights of the parties.

The employee suffered severe burns by gasoline flames on the employer’s premises.

The facts are as follows:

On the evening of March 31, 1961, about 6:30 p. m. the petitioner, Webster, was in the employer’s garage, where he performed the duties of…